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HomeMy WebLinkAbout399 M~OAL ~t ~ S~ ~ ~ ~w ~d t~e ~ York, on ~uly ~, 1~1, on the fol- ~ad, ~hold, N~ ~rk, 2or a special exception in ~ce with ~e Zon~g ~d~, ~i- cle ~, S~tion 30~, Su~ct~n 11, ~in directional si~ ~ the ert~ of S~ve Doroski, ~ou~ ~ew York. 8:~0 P.M. (~.D.S.T), u~n appli- uat~n of Constant~e ~g, 69 F~ther ~ne, ~verh~, ~ew ~ork, ~o~ a special exception ~c~rdance wi~ She ~ni~ d~c~, Article IV, S~tion 400, Subdivision ~, f~r pe~on to opera~ a pla~ of ~usement. Location of pro~: e~t side ~oore's ~e, Oreenpo~, York, ~unded no~h by V~lage of O~eenport property, eas~ ~ ~erzog ~tate :~d Sledj~, ~uth by L. ~ ~d L. C. Kal~ a~ bert Her~g, J~., :and w~t ~y M~ore s Lane. { Any ~ d~g ~ be h~rd ~ the a~ve ap~t~ ]ap~ at ~e t~e ~d { a~ve ~lfled. DA~: July 13, 1961, By ~der of the ~old To~ ~d of AppeaM. l~y21 STATE OF NEW YORK, ] ~ ss: COUNTU OF SUFFOLK, j t~ ~(~ .... '~.~ (~/.,~L~ being d~y Swo~, ...... ........................................... says that ......~ ....... is ~nter and Pub~sher of the SUFFOLK T~S, a newspaper pub~shed at Greenpo~, ~ said county; and that the notice, of which the a~exed is a p~ted copy, has been pub~shed in the s~d Suffo~ ~mes once in each week, for ~ ................................. wee~ successively commencin~ ou the ...... J~~-.--:~"~'" ........... Swo~ to before me tMs ....~.{~.-.-~l F ~ ...................... =:- NOTARY pUBLIC, ~tm~ ' ..... Residing in Suffolk Clks. ~o. Commission Expires 51arch 30, 1962 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ......... ........................................... Date ........................ Jtl]3e-....]O~ .............. 19-.-6"l To . .1~,O.O~'.~ll~...~%1L3~...CDz~. ................................. .... ~.~ e. enp o z'.t ................................................ PLEASE TAKE NOTICE that your application dated .......................... June~.....]O ...... 19...61 for permit to construct ....~ID.W'I ~D.~..All.e~.S.....ot the premises located at ...................................................................... Street ,reenport Map ..X:II~ .............................. Block3(3~* ...................................... Lot .;~7~r, ................................... is ~t~l~t:Ol~l~l~disapproved on the following grounds ........... ~'Lace..~'...~]~n.~ ..... ..... r. equ~r, es.. special.. ~xce.ption. aer~m...the.. ~osr~.. of.. A~peal~..~...Ar. title.... ........ s ect&on...~.O0...., suhdi.~ision.. ~ ......................................................................................... Building Inspector ,~ TOWN OF $OUTHOLD, NEW I~RK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO.~ 7 TO THE ZONING BOARD OF APPEALS~SO0~HOLD, N.Y. /~ ,,~ ,, , ~,,/~ Oonsts~tine I[~n o~ ,-~'~- I, (We) .............................................. ~~"; .................................... Name Street and Number .............................. ~i~.e.~he ~.d ................................................. N. em..Y.e~k ................... Mu~icipoli~ S~o~e hereby opply ~o THE ZONING BOARD OF APPEALS {or o SPECIAL EXCEPTION i~ occordo~ce wffh ~he ZONING ORDINANCE ARTICLE IV SECTION 400 SUBSECTION 7 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE THE BUILDING INSPECTOR INTERPRETS ~¥ APPLICATION FOR A ~E~IT TO CONSTRUCT A BO?~- ING ALLEY AS REQUIRING APPROVAL OF THE BOARD OF APPEALS PURSU~MT TO ARTICLE IV, SECTION 400, SUBSECTION 7. The proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed use will not prevent the orderly s~ud reasonable use of permitted or legally established uses in the district wherein the proposed use is to be llcated or of permitted or legally established uses in adjacent usesdistricts. The safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its l~cation. An existing industrial use bounds the property on the north. On premises parking will normally be adequate; the absence of any parking presently in the neighborhood of the front of the premises affords room for exception~lparking n~eds without any undue traffic hazard; the location in terms of suithbility of distance Eom the village proper is ideal; property values will not be ~dversely affected and the most appropriate use of the land wilI be encouraged. Provision has been made for public water supply and sewage disposal. The proposed use will benefit the people of the town. FORM NO. 1 TOWN OF SOUTHOLD · BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. E×amined ........ .~ ~ 19('j Application No ............................. APPLICATION FOR BUILDING PERMIT Dbtbk,~ June 30 ~o 61 a. This application must be completely filled in by typewrite~ or in ink and submitted in duplicc~t~'f~L~ Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this location. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in, part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector· / APPLICATION IS HEREBY MADE to the Building Deportme9 for the issuane.e of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County~ New York, and other applicable laws, Ordinances or Regulations, for the construction of buildings, additions or alterations or for removal or de~olition~ qs l~prein descr bed. The applicant agrees to comply with all applicable laws, ordinances and regulations. 4'~ . // ../ ................................................................ ..'~...... ~ ~ ........ / (Si§~ture of applicant, or name if a corpor~n) a/c. 'Moore~,~ Lane /Corporation Greenport, New (Address 9f applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Agent MooreJs Lane Corooration If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done· Map No: ~* Lot No: ee Street and Number e/s Moore's Lane, Greenport, New York - ...................................................... J~d ~;~'i'~'~ii't'~ ............................................................................. 2. State existing use and occupancy of p~emises and intended use and occupancy of proposed construction: Vacant Land a. Existing use and occupancy ........................................................................................................ Business Building - Bowling Alleys b. Intended use and occupancy ................................................................................................................................ 3. Nature of work (check which applica~e): New Building....-..X~.. .......... Addition ....................Alteration .................... Repair ....................Removal .................... Demolition ....................Other Work (Describe) .................... C t $100,000.00 _ $10.00 4. Estimated os ..... : ........................................................ kee (to be paid on filing this application) 5. If dwelling, number of dwelling units ................................ Number of dwelling units on each floor ............................ If garage, number of cars ............................................. Bowling Alley 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .............................. 7. Dimensions of existing structures, if any: Front ............................ Rear ............................ Depth ............................ Height ............................Number of Stories ............................................................................................................. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ................................ 8'. Dimensions of entire new construction: Front ............................ Rear ............................Depth ............................ Height ............................ Number of Stories 1 ' 170, 33 ' 302.39 · 170.33 e th 9. S~ze of lot: Front ............................ Rear ...................~ ........ D p ..................... ,~ ............. · Her t . & l~D C~a±ln ..... June 29, 1961 ~' ' Fo r" r & '~er~ Herzog, 10. Dot~ ~f P~.~h~se ................................................... ~'~ame or rme uwne ........................................................ "B" Business District 11. Zone or Use district in which premises are situated ................................................................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation? .................................................... · oore' s Lane Corp, Greenp,ort ]3. Name. Of Owner of prem~se~.. ...................................... ~%ddress .................... ............................................ ~none NO. · ~ ~oore' s Lane Corp. Greenp,ort Name· of ~_ontractor. Z .................................................. Address ............................................ ~'none NO ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-bock dimensions from property lines. Give street and block numbers or description according to deed,, and show street names and indicate whether interior or corner lot. SEE ATTA~-~D ARCHI~.ECT PLANS STATE OF NEW YORK. ) S S. COUNTY OF .... .S...U..F...F..O..L...K. ....... ) ............................ .C...o..n...s..t...a..n...t..i..n...e.....P........K...i..n. 9'. ...................... being duly sworr~, deposes and says that he is the applicant (Name of individual signing applicaJion). above named. He is'the ................. ..A...g..e..n...t. .................. i'~'~¥~'~i~"~'~"~;"~'l~'~'~"~F¥~i''~'~i ........................................ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work w I be performed in the manner, set forth n the a~plico, tion fil, e~d therev~th. Sworn to before me this /, 30th~_, .,~f June ~ 19, .6_1~ ~,~?'~0I~[~] (SiQnature~ .......................... y~ ~ . .......... ~'"~""// ...... ., /'~'~// "~ t/~;9~,-~_~'/~ .... ,.~/X~'~'"~b.~' ~2-e3~4963 Suffolk County Notary Pu~)dc,/~.. '-~:~-F/-~...'~-~....-..,~,c.'~.x..."~...~....~.....%~u'"~ -~ i~ E×pk'~s ~,!a,~b 30, 19~ STANLEY S. CORWIN ATTORNEY AND COUNSELLOR AT LAW GREENPORT, NEW YORK July 29, 1961 Board of Appeals Southold, New York Gentlemen: Photocopies of the deeds to which reference was made during the public hearing on appeal # Z1463 and as to which a copy of my escrow letter was filed with you are enclosed. · '~y truly yo~s~ Stanley 8. Corwin CONSULT YOUII LAWY[R IEFOI~! 51ONING THiS :NSTIIUMSNT--THIS INSTlUMINT SHOI~LD lie US~I~ lily L&WYI~50#t¥, THIS INDENTUR~ made the 29th day of June , =ineteen hundred and sixty one ISET~I~I',! Albert J. ~terzo~, Jr., Helen M. Herzog, his wife, and ~terbort Lo Kalin, a21 residing at Greenpor~, New York, and Lloyd C. Kalin, residing at Orient, New York, partyofthefirstpart, and Moore's Lane Osrp., lng its office and principal place of York, a domestic corporation hav- business at Greenport, New party of the second part, WITNESS[TH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, · .LL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingLand being llall[~ near the Incorporated Village of Oreenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of Moore's Lane distant in a northerly direction 130 feet from the intersection formed by said easterly line of Moore's Lane with the northerly line of Pront Street, and from said point of beginning running thence north 2°42'40" east, 170.33 feet along the ~sterly line cf Mcxre's Lane to a point at the southwesterly corner of land of the Village of Greenport; thence along said land of the Village of Greenport, north 89°41'30'' east, 302.39 feet to a point marking the southeast- erly corner of said land; thence south 2005'00" west, 103.60 feet along land now or formerly of Joseph Krupski to a point; thence south 0049'40" west, approximately 62 feet ~o a point; thence south 89033'30'' west, approximately 307 feet to the point or place of beginning. SUBJECT to any state of covenants, restrictions, tions of record, if any. facts an accurate survey might show; easements, agreements and zoning regula- TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party o[ the first part covenants that the party of the first part ha~ not done or suffered any- thing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The .word "party" shall be construed as if it read "partie~0~xenever the sense of this indenture so requ,res. ~c d~/e~e~v~ IN WITNESS WHEREOF, the party of the first part has~ uted this and year first above written. ~ /~/f"~ ~,~. IN p~F.,SENCE OF: I / '. /? \ _7 ' STATI OF NEW YORK, COUNTY OF On the29th day of June, 1961 , before me personally came Herbert L. Kalin and Lloyd C. Kalin to me known to be the individual $ described in and who executed the foregoi:~g ~strument, and acknowledged that they execut~the same. ~ / STATE OF NIW YORK. COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATS OF NIW YORK~ COld'OF ~UFFOI~K ss: On the 29thday of June, 19 61, before me personally came Albert J. Herzog, Jr., and Helen ~. Herzog to me known to be the individuals described in and who executed the foregoing instrument, and achowIedged that they executed the s~ane. STATE OP NIW YOLK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. CONSULT TOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD l! USED BY LAWYSRS OHLY. THIS INDENTURE, made the 29th BETWEEN Herbert L. Kalin, Lloyd C. K~lin, re~iding dayof June ,nlneteenhundredand sixty one residing at Greenport, New York, and at Orient, New York, partyofthefirstpart, and Albert J. T~erzog, ,Tr. and Melen N. Herzog, his wife, both residin~z at 4reenport, New York, party of the second part, WITNIeS$£?H. that the party of the first part, in considerah ~n (Jr Ten Dollars and other valuable con- sideratlon paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being:i~Xll~ near the In¢orporate~ Village of Greenport, Town of Southold, County of Suffolk ~ud Sta~e of New York, bounded and described as fol~ows: BEGINNING at a point on the northerly line of Eront Street at the southeasterly corner of the premises cf the party of the second part, and running thence north 2°42'~0'' east, 130 feet to a point; thence north 89033'30" east, l0 feet to a point; thence south 2°42'4~' west, about 130 feet to the northerly line of Front Street; thence south 89033'30" west, l0 feet to the point or p~ace of beginning. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered any- thing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI?N[SS WHIR[OF, the party of the first part has duly etx~uted this de day and year first above written, ed/~ IN PRESENCE 01~: ' ~ the 29th day of J~e ~' I%~, ~fore me ~r~nallyc~e Herbert L, Ea~ ~d Lloyd C. Kalin to me known to ~ the individ~l e d~c~d in and who excreted the foregoing instrument, and acknowledged ~hat they ~ecuted thisbe. Hssiding ~ Suffolk ~lk~. No. 52-3a26400 Co~s~u Expir~ N~h 30, STATE OF NEW YORK, COUNTT OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK. COUNTY OF On the day of 19 , before me personally came to hie known to be the individual described itt and who executed the foregoing instrument, and acknowledged that executed the same STATE OF NEW YORI(, COUNTY OF On the day of 19 , before me personally came the snbscriblng witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. o STA.NLEY Si CORWtN ORE.ENPORT. NEW YORK 29, 1961 Messrs. Herbert L. amd Llsyd a. Kal~n, Ir.a~d ~Lre. Albert J. Herzog, Jr., MoQre'. Lane Oorp. Greenport, New York Dear Sirs and Madmml .... _~- This will'~cknowledge thaNreeeipt of two executed deeds, one from the ,~tns and;~lerzoge Lane Oorp. and one from the KaliSh'to lierzo~', which in'accordance with our understanding I agree to~.kold in.'~eerow a~d to deliver only l~ the event t~mt as to the p~p'erty being conveyed to ~,ioore's Lane Corp. a per,it ff~-$~e~rae theater, and t&o o~e~a- tion thereo~ of r~ bowling alley,s_greeted town authorities, ~nd ~hat approl~Xnte and s,~tlsfac~ory easemenme for private mower lines from tee K~lin a~d ,lerzog properties to the pump for a force sewer maLn to, be located on the Eoore's Lane Oorp. propeYtlea to oor~ec~ toth~..s~nltary sewer system o~ the Village of ~e~e~Por~ a~e.ob~ain~/ ,, ~n~muQ~ as no outside date for the completl~l of this tr~heaotion ha~ been negotiated, it ia agreed that the~e inatrunent~ are to Be ~eturned on or before September 1, 1961, ~less this ~orow agreement is coutinued by appropriate consente~writin~' '~f'i~-~V~ - - very truly your~'~ sse/cc LEGAL NOTICE Notice of Hearin g Pursuant to Section 26? of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of $outhold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Clerk Office, Main Road, Southold, New York, on July 2?, 1961, on the following appeals~ 7~30 P.M. (E.D.B.T.), upon application of Joseph P. Ulrich, Main Road, Southold, new York, for a special exception i n accord- ance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for Permission to erect and maintain directional sign on the property of Steve Doroskl, Route 27A, west of Bowery Lane, Southold, New York. 8~00 P.M. (E.D.S.T.), upon application of Constantine King, 69 Further Lane, Rlverhead, New York, for a special exception in accordance with the Zoning Ord/nance, Article IV, Section 400, Subdivision 7, for permission to operate a place of amusement. Location of propertyt east side Moore*s Lane, Greenport, New York, bounded north by Village of Greenport property, east by Herzog Estate and SledJeski, south by H. L. Kalin and L. C. Kalin and Albert Herzog, Jr., and west by Moorets Lane. Page 2 - Legal Notice Any person desiring to be heard on the above al~Plications should appear at the thne and place above specified. DATED~ July 13~ 1961, By Order of the Southold Town Board of Appeals. P~qSE PUBLISH ONCE, JULY 21, 1961, AND FORWARD THREE (3) AFFIDAVITS OF PUBLF~ATION TO THE BOARD OF APPEALS, TOWN CLERK OFFICE, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on July 17, 1961: The Suffolk T~me8 The Long Island Traveler-Mattituck Watchman Joseph P. Ulrich Stanley Corwin a/c Constantine King SOMEONE SHOULD APPEAR AT THE HEARING STANLEY S. CORWIN ATTORNEY AND COUNSELLOR AT LAW GREENPORT, NEW YORK July 12th, 1961 Zoning Board of Appeals Town of Southold Southold, New York Re: Z 1463 Gentlemen: Enclosed is a plot plan and parking layout which I would ask you kindly to associate with the file in the captioned matter for consideration at your meeting on July 13th. I respectfully request that you entertain this application and publish the usual notices for public hearing. I am mindful that you may have some reservations about the ef- fect of the conveyances and contracts involved in this over-all proposal, and realize that you do not intend to become involved in sanctioning a permit if ownership of the pr~mises comes about as the result of a violation of the zoning ordinance. · . . ~ll parties in th~s transaction have protective assurances con- mractually. Escrow and contigent arrangements are involved so that, assuming consent is given, both the letter and the spirit/~ of the zoning ordinance will be adhered to. ,/~C~~~~Very truly yours, Stanley S. Corwin ssc/cc~ enclosure -¢ 0 0 iqo~o 0 0 3 L ~500 h,,4AP OF LANI:~ GP.F_~ NPO1;LT -F'C::NVN OF ~OU"i"HOL-D, N .'Ax.